Parsons' Structural-Functional Theory of Law-A Socio-Legal Analysis and Critical Evaluation
Resource
國家發展研究, 1(1), 147-189
Journal
國家發展研究
Journal Volume
1
Journal Issue
1
Pages
147-189
Date Issued
2001-12
Date
2001-12
Author(s)
Hung, L.T.
Abstract
This essay deals firstly with the evolution of functionalism in sociology and anthropology. It then treats Merton's distinction between the manifest and latent functions. Subsequently, the focus of the article is on Parsons' theory of social system. Having discussed his career, major writings and essential theoretical contributions, the author dwells on Parsons' four functional imperatives and their relevance to the law as one of the social subsystems. According to him, the law as a mechanism of social control operates in a free and open society in terms of sanction, jurisdiction, legitimation and interpretation with the aid of the legal profession. In addition, Parsons' discussion of contract, employment and property right is highly enlightening and deserves a brief mention. Finally, the treatise critically evaluates Parsons' socio-legal model and supplements it with theoretical modifications and expansions by recent scholars, such as H. Bredemeier, N. Luhmann, G. Teubner and A. Podgorecki.
Subjects
結構－功能論
體系論
負功能
功能的無上命令
規範結構
普遍化的規範期待
契約
財產權
自生法
反思法
structural-functionalism
social system theory
dysfunctions
functional imperatives
the normative structure
generalized normative expectation
contract
property right
autopoietic law
reflexive law
Type
journal article